Both California and the federal government have passed laws that prohibiting discrimination on the basis of particular protected characteristics. Under state and Federal law, both private and public employers in Hercules can be found liable for discrimination, depending on what type of trait originally prompted the discrimination.
How Does Employment Discrimination Occur?
Employment discrimination occurs when an employer treats you wrongly because of your membership in a legally protected class. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. To show employment discrimination in Hercules, California, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in California?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. Lawyers in the city of Hercules, California may direct you in filing your claim on time, and while your case is pending, they can help you pursue further remedies that might be available for you.